The petitioners averred that when they sought to present the sale deed for registration, respondent No.2 refused to receive the same on the ground that respondent No.3 has informed him that the property over which the flats have been constructed belongs to the Government.- unless the property is notified under Section 22-A of the Registration Act, 1908 (for short ‘the Act’), respondent No.2 is not bound by the communication sent by the revenue officials. Therefore, respondent No.2 is directed to receive the document that may be presented by the petitioners and process the same in accordance with the provisions of Section 71 of the Act.

WP 50 / 2013

WPSR 218898 / 2012

PETITIONER RESPONDENT N. RAMA CHARY, HYD & 3 OT   VS PRL. SECY TO GOVT., STAMPS & REGN DEPT., HYD & 2 OT PET.ADV. : VIJAY B PAROPAKARI RESP.ADV. : GP FOR REVENUE SUBJECT: STAMPS & REGISTRATION DISTRICT:  RANGA REDDY

FILING DATE:  31-12-2012 POSTING STAGE :  ADMISSION (STAMPS AND REGISTRATION ) DISPOSED ON  :  03-01-2013  DONC REG. DATE    :   02-01-2013 LISTING DATE :  03-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): C.V.NAGARJUNA REDDY

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.50 of 2013

Dated 03.01.2013

Between:

M.Rama Chary and others

          …Petitioners

And

Government of Andhra Pradesh, represented by its Principal Secretary, and others

          …Respondents

Counsel for the petitioners: Sri Vijay B.Paropkari

Counsel for respondents: Assistant Government Pleader for Revenue

 

The Court made the following:

 ORDER:                           

          The purported action of respondent No.2 in not receiving and registering the sale deed that is sought to be presented by the petitioners in respect of flat No.002, ground floor, Manasa Meadows situated in survey No.12 of B.K.Nagar Colony, Block No.5, Mallapur Village, Uppal Mandal, Ranga Reddy District, is questioned in this writ petition.

          The petitioners averred that when they sought to present the sale deed for registration, respondent No.2 refused to receive the same on the ground that respondent No.3 has informed him that the property over which the flats have been constructed belongs to the Government.

          At the hearing, the learned Assistant Government Pleader for Revenue conceded that unless the property is notified under Section 22-A of the Registration Act, 1908 (for short ‘the Act’), respondent No.2 is not bound by the communication sent by the revenue officials. 

Therefore, respondent No.2 is directed to receive the document that may be presented by the petitioners and process the same in accordance with the provisions of Section 71 of the Act.  If respondent No.2 has any legally sustainable reason(s) for refusing to register the document, he shall pass an order assigning reason(s) therefor and communicate the same to the petitioners within one week from the date of receipt of the document. Conversely, if he does not find any legally sustainable objections, respondent No.2 shall register the document.

          Subject to the above directions, the Writ Petition is disposed of.

As a sequel, W.P.M.P.No.52 of 2013 shall stand disposed of as infructuous.

________________________

C.V.NAGARJUNA REDDY, J

3^rd January, 2013                  

GHN 

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.185 of 2013

Dated 03.01.2013

SKA/GHN